78 Ind. App. 62 | Ind. Ct. App. | 1921
— This action was instituted by Mrs. Grose to abate an alleged nuisance and .to recover damages resulting therefrom. It appears that the appellee is the owner of a life estate in a farm; that the appellant owns a four-acre tract adjacent to her farm, on which he maintains a plant for the production of
“It is further ordered, adjudged, and decreed by the court that the defendant Louis Price be permanently enjoined from operating said plant in such a manner as to cause and permit said offensive nauseating and sickening odor and stench to escape therefrom; and that he be further enjoined from operating said plant without proper and sufficient drainage and from causing and permitting the drainage and sewage arising from the operation of said plant to flow over and across or. upon any portion of the surface of plaintiff’s said land or any part thereof.”
Judgment affirmed.